HomeMy WebLinkAboutA004 - Declaration of Covenants, Conditions and Restrictions DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set
forth by CYCLONE REALTY COMPANY and BUILT-RITE HOMES, INC. ,
hereinafter referred to as "Declarant" .
WITNESSETH
WHEREAS, Declarant is the owner of certain property in
Ames, County of Story, State of Iowa, which is more particularly
described as : See Schedule "A" , attached hereto and made a
part hereof.
WHEREAS, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed
subject to the following easements, restrictions , covenants,
and conditions, which are for the purpose of protecting the
value and desirability of, and which shall run with, the
real property and be binding on all parties having any
right, title or interest in the described properties or any
part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each owner thereof .
ARTICLE I
DEFINITIONS
SECTION 1. "Association" shall mean and refer to
Blueridge Homeowners Association, its successors and assigns.
SECTION 2 . "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
SECTION 3. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions thereto as may hereafter be brought within the
jurisdiction of the Association.
SECTION 4 . "Common Area" shall mean all real property
(including the improvements thereto) owned by the Association
for the common use and enjoyment of the owners. The Common
Area to be owned by the Association at the time of the
conveyance of the first lot is described as follows :
Outlot A-A
SECTION 5. "Lot" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the Properties
with the exception of the Common Area.
SECTION 6. "Declarant" shall mean and refer to CYCLONE
REALTY COMPANY and BUILT-RITE HOMES, INC. , its successors
and assigns if such successors or assigns should acquire
more than one undeveloped Lot from the Declarant for the
purpose of development.
ARTICLE II
PROPERTY RIGHTS
SECTION 1. Owners ' Easements of Enjoyment. Every
owner shall have a right and easement of enjoyment in and to
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the Common Area which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable
admission and other fees for the use of any recreational
facility situated upon the Common area;
(b) the right of the Association to suspend the
voting rights and right to use of the recreational facilities
by an owner for any period during which any assessment
against his Lot remains unpaid; and for a period not to
exceed 60 days for any infraction of its published rules and
regulations;
(c) the right of the Association to dedicate or
transfer all or any part of the Common Area to any public
agency, authority, or utility for such purposes and subject
to such conditions as may be agreed to by the members. No
such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by
2/3rds of each class of members has been recorded.
SECTION 2 . Delegation of Use. Any owner may delegate,
in accordance with the Bylaws, his right of enjoyment to the
Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. Every owner of a Lot which is subject to
assessment shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership
of any Lot which is subject to assessment.
SECTION 2. The Association shall have two classes of
voting membership:
Class A. Class A members shall be all Owners,
with the excep iot n of the Declarant, and shall be entitled
to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one vote be cast
with respect to any Lot.
Class B. The Class B member (s) shall be the
Declarant and shall be entitled to three (3) votes for each
Lot owned. The Class B membership shall cease and be converted
to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class
A membershp equal the total votes outstanding
in the Class B membership, or
(b) on December 31, 1985.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation
of Assessments+. The Declarant, for each Lot owned within
the Properties, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefor, whether or not it shall be
so expressed in such deed, is deemed to covenant and agree
to pay to the Association; (1) annual assessments or charges,
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and (2) special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with
interest, costs, and reasonable attorney' s fees, shall be a
charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each
such assessment, together with interest, costs, and reasonable
attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in
title unless expressly assumed by them.
SECTION 2. Purpose of Assessments . The assessments
levied by the Association shall be used exclusively to
promote the recreation, health, safety, and welfare of the
residents in the Properties and for the improvement and
maintenance of the Common Area, and of the homes situated
upon the properties.
SECTION 3. Maximum Annual Assessment. Until January 1
of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual assessment shall
be FOUR HUNDRED TWENTY DOLLARS ($420. 00) per Lot.
(a) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased each year not
more than 5% above the maximum assessment for the previous
year without a vote of the membership.
(b) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual assessment may be increased above 5% by a
vote of two-thirds (2/3) of each members who are voting in
person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
SECTION 4 . Special Assessments for Capital Improvements .
In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of
defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement
upon the Common Area, including fixtures and personal property
related thereto, provided that any such assessment shall
have the assent of two-thirds (2/3) of the votes of each
class of members who are voting in person or by proxy at a
meeting duly called for this purpose.
_SECTION 5 . Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting
called for the purpose of taking any action authorized under
Section 3 or 4 shall be sent to all members not less than 30
days nor more than 60 days in advance of the meeting. At
the first such meeting called, the presence of members or of
proxies entitled to cast sixty percent (60%) of all the
votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may
be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No
such subsequent meeting shall be held more than 60 days
following the preceding meeting.
SECTION 6 . Uniform Rate of Assessment. Both annual
and special assessments must be fixed at a uniform rate for
all Lots and may be collected on a monthly basis except
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as to any special charges assessed against a Lot Owner for
noncompliance with other provisions of these Declarations.
SECTION 7. Date of Commencement of Annual Assessments:
Due Dates. The annual assessments provided for herein shall
commence as to all Lots on the first day of the month following
the conveyance of the Common Area. The first annual assessment
shall be adjusted according to the number of months remaining
in the calendar year. The Board of Directors shall fix the
amount of the annual assessment against each Lot at least
thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to
every Owner subject thereto. The due dates shall be established
by the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate
signed by an officer of the association setting forth whether
the assessments on a specified Lot have been paid. A properly
executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as of
the date of its issuance.
SECTION 8. Effect of Nonpayment of Assessments : Remedies
of the Association. Any assessment not paid within thirty
(30) days after the due date shall bear interest from the
due date at the rate of 12 percent per annum. The Association
may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the
property. No owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the
Common Area or abandonment of his Lot. The Board of Directors
of the Association may cause a lien to be placed against any
Lot for nonpayment of assessments as follows:
(a) A thirty (30) day written notice of said
delinquency shall be given the Lot Owner.
(b) If said delinquent assessment is not paid
within said thirty (30) days, a Notice of Nonpayment of
Assessment shall be served on the Lot Owner in the same
manner as an Original Notice setting forth the Lot Owner,
the Lot number, the unpaid assessment and the costs of
serving the same plus attorney fees. If the same is not
paid in thirty (30) days, the said Notice together with
proof of service and affidavit of nonpayment may be filed in
the County Recorder' s Office, Story County, Iowa, where the
same shall be a lien against the Lot until paid plus interest
at the rate of twelve percent (12%) per annum. The lien may
be foreclosed in the same manner as other liens or mortgages.
(c) All Lot Owners by acceptance of a deed to
their Lot contractually agree to be bound by the terms of
this paragraph and to all the terms and obligations of these
Declarations.
(d) In lieu of the above, the Board may file a
lawsuit against any Lot Owner for nonpayment of assessments
plus reasonable attorney fees, court costs and interest.
SECTION 9. Subordination of the Lien to Mortgages.
The Lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
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ARTICLE V
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties, nor
shall any exterior addition to or change or alteration
therein be made until the plans and specifications showing
the nature, kind, shape, height, materials, and location of
the same shall have been submitted to and approved in writing
as to harmony of external design and location in relation to
surrounding structures and topography by the Board of Directors
of the Association, or by an architectural committee composed
of three (3) or more representatives appointed by the Board.
In the event said Board, or its designated committee, fails
to approve or disapprove such design and location within
thirty (30) days after said plans and specificiations have
been submitted to it, approval will not be required and this
Article will be deemed to have been fully complied with.
ARTICLE VI
GENERAL PROVISIONS i
SECTION 1. Enforcement. The Association, or any
Owner, shall have the right to enforce, by any proceeding at
law or in equity, all restrictions, conditions, covenants ,
reservations, liens and charges now or hereafter imposed by
the provisions of the Declaration. Failure by the Association
or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
SECTION 2. Severability. Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no wise affect any other provisions which shall
remain in full force and effect.
SECTION 3. Amendment. The covenants and restrictions
of this Declaration shall run with and bind the land, for a
term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically
extended for successive periods of ten (10) years. This
Declaration may be amended during the first twenty (20) year
period by an instrument asigned by not less than ninety
percent (90%) of the Lot Owners, and thereafter by an instrument
signed by not less than seventy-five percent (75%) of the
Lot Owners. Any amendment must be recorded.
SECTION 4. Annexation. Additional land within the area
described as Lot 26 Gateway Hills, Ames, Iowa may be annexed
by the Declarant without the consent of members wihin five
years of the date of this instrument provided that the FHA
and the VA determine that the annexation is in accord with
the general plan heretofore approved by them.e .
SECTION 5. FHA/VA Approval. As long as there is a
Class B membership, the following actions will require the
prior approval of the Federal Housing Administration or the
Veterans Administration: Annexation of additional properties,
dedication of Common Area, and amendment of this Declaration
of Covenants, Conditions and Restrictions.
ARTICLE VII
EXTERIOR MAINTENANCE
In addition to maintenance upon the Common Area, the
Association shall provide exterior maintenance upon each Lot
which is subject to assessment hereunder, as follows : paint
the exterior building surfaces and repair, replace and care
for gutters, downspouts, and other exterior improvements.
Such Exterior maintenance shall not include glass surfaces,
shingles, screens, grass, trees, shrubs, decks, fences, or
any concrete surfaces such as patios, driveway and private
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sidewalks when they are on the owner' s Lot.
In the event that the need for maintenance or repair of
a lot or the improvements thereon is caused through the
willful or negligent acts of its owner, or through the
willful or negligent acts of the family, guests or invitees
of the owner of the lot needing such maintenance or repair,
the cost of such exterior maintenance shall be added to and
become part of the assessment to which such lot is subject.
In the event an Owner of any Lot on the Properties
shall fail to maintain the premises and the improvements
situated thereon in a manner satisfactory to the Board of
Directors, the Association, after approval by two-thirds
(2/3) vote of the Board of Directors, shall have the right,
through its agents and employees to enter upon said parcel
to repair, maintain and restore the Lot and the exterior of
the buildings and any other improvements erected thereon.
The Board of Directors shall be authorized to do and carry
out this provision, only after giving five (5) days written
notice to the Owner, setting out in such Notice what is
required to be done. The cost of such exterior maintenance
shall be added to and become part of the assessments to
which such Lot is subject. The Homeowners Association shall
cut the grass on all of the Common Area and also remove the
snow from all driveways and Common Area. The Association
shall maintain all utility lines outside of the individual
lots and maintain the parking lot.
ARTICLE VIII
PARTY WALLS
SECTION 1. General Rules of Law to Apply. Each wall
which 'is built as a part of the original construction of the
homes upon Properties and placed on the dividing line between
the Lots shall constitute a party wall, and, to the extent
not inconsistent with the provisions of the Article, the
general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions
shall apply thereto.
SECTION 2. Sharing of Repair and Maintenance. The
cost of reasonable repair and maintenance of a party wall
shall be shared by the Owners who make use of the wall in
proportion to use.
SECTION 3. Destruction by Fire or Other Casualty. If
a party wall is destroyed or damaged by fire or other cause,
any Owner who has used the wall may restore it, and if the
other Owners thereafter make use of the wall, they shall
contribute to the cost of restoration thereof in proportion
to such use without prejudice, however, to the right of any
such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent
or willful acts or omissions.
SECTION 4. Weatherproofing. Notwithstanding any other
provision of this Article, an Owner who by his negligence or
willful act causes the party wall to be exposed to the
elements shall bear the whole cost of furnishing the necessary
protection against such elements.
SECTION 5. Right to Contribution Runs With Land. The
right of any Owner to contribution from any other Owner
under this Article shall be appurtenant to the land and
shall pass to such Owner' s successors in title.
SECTION 6. Arbitration. In the event as to any dispute
arising concerning a party wall, or under the provisions of
this Article, each party shall choose one arbitrator, and
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such arbitrators shall choose one additional arbitrator, and
the decision shall be by a majority of all the arbitrators.
SECTION 7. Encroachment. Upon any party wall, there
may be an encroachment of not more than six inches in laying
the foundation upon an adjoining Owner's Lot so that the
footing on which rests the party wall, may extend not more
than six inches over on the property owned by said Lot
Owner. There may further be an encroachment of not more
than two (2) feet in any roof overhang so that a roof overhang
belonging to one Lot Owner may hang not more than two (2)
feet over from the property of an adjoining property Owner
where there is a difference in the height of the two adjoining
buildings.
ARTICLE IX
RESTRICTIONS ON USE OF LAND
SECTION 1. Each Lot in the Properties is hereby restricted
to residential use and uses related to the convenience and
enjoyment of such residential use. No structure of a temporary
character, trailer, tent, shack, garage, barn or other
outbuildings shall be used on any portion of any Lot or
Block at any time as a residence, either temporary or permanent.
Any violation of this Section shall be cause for a temporary
or permanent injunction to be granted by the Court against
that person or persons violating the said Section as well as
a judgment against that person or persons for costs, interest
and reasonable attorney fees.
SECTION 2. Animals Prohibited. No animals, livestock,
poultry or horses of any kind shall be raised, bred, kept,
or used on any Lots, blocks, or Common Area except that
dogs, cats or other household pets may be kept, provided
they are not kept, bred or maintained for any commercial
purpose. In no event shall such animals be kept on any Lot
or block if they unreasonably disturb the Owner or residents
of any other Lot or block. All animals shall be confined on
the Owner' s Lot or block and for the mutual benefit of all
the Owners, no animal shall be allowed or permitted on the
Common Area, except when on a leash or when in direct and
constant control of the Owner thereof or a member of his
family.
SECTION 3. Advertising Prohibited. No advertising
signs except one of not more than two (2) square feet "For
Rent" or "For Sale" sign per Lot) , billboards, unsightly
objects, or nuisances shall be erected, placed or permitted
to remain on any Lot or block, nor shall any Lot or block be
used in any way for any purpose which may endanger the
health or unreasonably disturb the Owner of any Lot or block
or any resident thereof. No business activities of any kind
whatsoever shall be conducted on any Lot or on any portion
of any Lot, provided further, however, that the foregoing
covenants shall not apply to the business activities, signs
and billboards or the construction and maintenance of structure,
if any, of the Declarant during the construction and sale
period, and of the Association, in furtherance of its powers
and purposes as set forth herein.
SECTION 4. Screening Required. Equipment, trash cans,
garbage cans, service yards, wood piles, and storage piles
shall be kept screened by adequate planting or fencing so as
to conceal them from view of neighboring Owners of Lots or
blocks. All rubbish, trash or garbage shall be regularly
removed from each Lot and block, and shall not be allowed to
accumulate thereon. No trash burning shall be permitted on
any Lot or block.
SECTION 5. Planting and Gardening Prohibited. Except
in the individual backyard areas, no planting or gardening
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shall be done, and no fences, hedges, or walls shall be
erected or maintained upon any Lot or block, except such as
planted or installed in accordance with the initial construction
of the improvements on any Lot or block, or as approved by
the Association.
SECTION 6. Antennas Prohibited. No exterior television
or radio antennas of any sort shall be placed, allowed or
maintained on any portion of the improvements to be constructed
upon any Lot or block.
SECTION 7. Automotive Repair Prohibited. No automotive
repair or rebuilding or any other form of automotive manufacture,
whether for hire or otherwise, shall occur on any Lot, block
or Common Area or driveway in the said subdivision.
SECTION 8 . No snowmobiles, motor carts, motorbikes,
motorcycles, minibikes or any other motorized recreational
vehicle shall be allowed in Common Area.
SECTION 9. Any Lot Owner who shall sell, convey or
dispose of his or her interest in any Lot shall be required
to notify the Board of Directors of the Association of said
sale within thirty (30) days of said sale and furnish a copy
of said deed or contract along with the name of the new
Owner. The Lot Owner who shall sell or dispose of his or
her interest shall turn over and assign to the new owner his
share of stock in said Association and his or her copy of
the Declaration and Articles of Incorporation.
ARTICLE X
EASEMENTS
_SECTION 1. Easement for Minor Encroachments. Each
Owner of any Lot covenants that if any portion of any improvement,
whether the same be an improvement of an Owner or of the
Association encroaches upon a Lot, a valid easement for the
encroachment and for the maintenance of same, so long as it
now stands, shall and does exist. In the event an improvement
is partially or totally destroyed and reconstructed, each
Owner of any Lot further covenants at that time that minor
encroachments of any portion of an improvement, whether of
an Owner or of the Association, upon a Lot due to construction
shall be permitted, and that a valid easement for said
encroachment and the maintenance thereof shall exist.
SECTION 2 . Association Easement. Each Owner of any
Lot covenants that the Association or its designees shall
have an easement in, on, across, over and under such Lot to
permit the Association to effect any desired or necessary
maintenance or repairs, including but not limited to, the
maintenance and repairs listed in Article VII hereof, or the
installation of such items as are common to all Owners.
ARTICLE XI
COVENANT FOR INSURANCE
SECTION 1. Casualty-Insurance on Insurable Common Area.
The Association shall keep all insurable improvements and
fixtures of the Common Area insured against loss or damage
by fire for the full insurance replacement cost thereof, and
may obtain insurance against such other hazards and casualties
as the Association may deem desirable. The Association may
also insure any other property whether real or personal,
owned by the Association, against loss or damage by fire and
such other hazards as the Association may deem desirable,
with the Association as the owner and beneficiary of such
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insurance. The insurance coverage with respect to the
Common Area shall be written in the name of, and the proceeds
thereof shall be payable to the Association. Insurance
proceeds shall be used by the Association for the repair or
replacement of the property for which the insurance was
carried. Premiums for all insurance carried by the Association
are Common Expenses included in the Common Assessments made
by the Association.
In addition to casualty insurance on the Common Area,
the Association, through the Board of Directors, may elect
to obtain and continue in effect, on behalf of all Owners,
adequate blanket casualty and fire insurance in such form as
the Board of Directors deems appropriate in an amount equal
to the full replacement value, without deduction for depreciation
or coinsurance, of all of the Dwelling Units, including the
structural portions and fixtures thereof, owned by such
Owners. Insurance premiums from any such blanket insurance
coverage, and any other insurance premiums paid by the
Association shall be a Common Expense of the Association to
be included in the regular Common Assessments of the Owners,
as levied by the Association. The insurance coverage with
respect to the Dwelling Units shall be written in the name
of, and the proceeds thereof shall be payable to the Association
as Trustee for the Homeowners.
SECTION II. _Replacement or Repair of Property. In the
event of damage to or destruction of any part of the Common
Area Improvements, the Association shall repair or replace
the same from the insurance proceeds available. If such
insurance proceeds are insufficient to cover the costs of
repair or replacement of the property damaged or destroyed,
the Association may make a Reconstruction Assessment against
all Lot Owners to cover the additional cost of repair or
replacement not covered by the insurance proceeds , in addition
to any other Common Assessments made against such Lot Owner.
In the event that the Association is maintaining blanket
casualty and fire insurance on the Dwelling Units on the
Lots in the Properties, the Association shall repair or
replace the same from the insurance proceeds available.
SECTION III . Annual Review of Policies. All insurance
policies shall be reviewed at least annually by the Board of
Directors in order to ascertain whether the coverage contained
in the policies is sufficient to make any necessary repairs
or replacement of the property which may have been damaged
or destroyed.
ARTICLE XII
This Declaration further provides the following information:
1. There will be not less than 18 lots and not
more than 72 lots in the Development.
2 . The number of each Townhouse and its approximate
area and number of rooms in each are all set out in the
attached Schedule "B" , attached hereto and made a part
hereof, which shows all of this necessary information.
3. The Common Area will consist of Outlot A-A.
All persons owning a Lot in Blueridge First Addition shall
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be entitled to the use of the Common Area. The Common Area
will be sodded and landscaped, except the drive which shall
be asphalt.
4. There are no limited common elements and
facilities and all Owners or Co-owners have the full right
to use any and all of the Common Area and Facilities.
5. Each Owner or Co-owner shall own his, her or
their own Lot and shall have one share of stock for each Lot
owned in the Blueridge Homeowners Association. The Association
shall own all of the Common Area and improvements thereon
consisting of Outlot A-A. Any conveyance, sale or transfer
by any Lotowner of Class A membership of his, her or their
Lot shall automatically transfer and assign to the new
Lotowner his, her or their interest in the share of stock in
the Association as to that Lot and the previous Owner shall
have no further rights in connection with said Association
as to that share of stock. The sale or conveyance whether
by contract or deed of any lot owned by a Class A member to
a new owner shall be sufficient notice for the Secretary of
the Association to change and transfer the share of stock in
said Association to the new owner and no further assignment
or transfer of the share of stock in said Association shall
be necessary. This shall not apply to the sale or conveyance
of a Lot for the purpose of securing a mortgage.
6. Each Owner or Co-Owner shall be required to
rebuild, repair and restore any unit which has been damaged
or destroyed in all or in part and shall maintain fire and
casualty insurance in the amount of the full replacement
value, without deduction for depreciation or coinsurance.
ARTICLE XIII
The Board of Directors shall employ a person or business
concern for the following specific purposes and to keep
accurate and current records thereof :
1. To see that Lot Owners have full coverage of
insurance on their Lot sufficient to cover replacement costs
and that the same is in force in accordance with Article XI
or XII and that a Certificate of Insurance is on file with
the Association.
2. To see that all assessments are paid promptly
when due and to notify the Board monthly of any delinquency
by any Lot Owner.
3. To maintain a current list of all Lot Owners
and to make any changes in said list by virtue of sales and
conveyances to new Lot Owners. In this regard the said
person or concern employed by the Board may need to check
the County records on a periodic basis to determine if there
has been any sale or conveyance to a new Lot Owner of which
they have not been notified.
4. Such other matters as the Board may deem
necessary.
ARTICLE XIV
No recreational vehicles, travel trailers, pickup
trucks with camper on back, motor homes, fold-down campers
or such other type of recreational vehicle shall be allowed
on any Lot or Common Area for more than 48 hours.
900K 17g PAGE..LiL
ARTICLE XV
The Declarant shall deed the common area to the Homeowners
Association subject to the following provisions :
(a) The Homeowners Association must be set up
before the dwellings are conveyed.
(b) Membership must be mandatory for each
home-buyer and any successive buyer.
(c) The open space restrictions must be permanent.
(d) The Homeowners Association must be responsible
for liability insurance pertaining to the common
ground and the real estate taxes, if any, associated
therewith; and with the maintenance of any recreational
or other facilities located thereon.
ARTICLE XVI
Electric, gas and water meters shall not be enclosed and
shall be kept accessible at all times. Fences shall have gates
with provisions for entrance by meter readers without special
tools or keys.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto set their hand and same being done on
this -/C4 day of 19 8 0.
CYCLONE REALTY COMPANY BUILT-RITE HOMES, INC.
B BY:
c� LAD GVOVE- 7 N
President and Secretary President
BY:
Secretary
STATE OF IOWA, STORY COUNTY, ss:
On this VI. day of -;Z, � A.D. 1980,
before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared LAD GROVE, to me personally
known, who, being by me duly sworn, did say that he is the
president and secretary, respectively, of said corporation
executing the within and foregoing instrument that no seal
has been procured by the said corporation; that said instrument
was signed on behalf of said corporation by authority of its
Board of Directors; and that the said LAD GROVE as such
officers acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by
him voluntarily executed.
p MARYA.";'z .
MY U,,!i �,�N t
NOTARY PUBLIC in and for
Y"' said County and State
-12-
STATE OF IOWA, POLK COUNTY, ss :
.�/)
On this q day of C. L-� , A.D. 1980,
before me, the undersigned, a Notary Public in and for the
Stat of Io , personally appeared GARY RYUN and
,i C ate, to me personally known, who,
being -by me duly sworn, did say that they are the president
and secretary, respectively, of said corporation executing
the within and foregoing instrument, that no seal has been
procured by the said corporation; that said instrument was
signed on behalf of said corporation by authority of its
Boa d of irector ; nd that the said GARY RYUN and
C , such officers acknowledged the
execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntarily
executed.
9 30 4s
,V NOTARY PUBLIC in and for
01/ said County and State
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BOOK ..L�. -- PAGE- =L=4&-=
EXHIBIT "A"
Legal description to Blueridge Plat I (a replat of Lot 26 Gateway
Hills) Ames, Story County, Iowa.
That portion of Lot 26 in the official Plat "The Gateway Hills" ,
in the City of Ames, Story County, Iowa described as follows :
Commencing at the NE corner of Lot 26 ; thence South 308 . 21 feet
along the East side of said Lot 26 on a curve concave to the SW
through a central angle of 23142 ' 49" to the Point of Beginning;
thence South 54 . 59 feet along the Easterly line of Lot 26 on a
curve concave to the SW through a central angle of 4111157" to
a P.T. of a tangent curve having a radius of 744 . 87 feet; thence
South 8019147" E. , 179. 81 feet along the Easterly line of Lot 26
to P.C. of a tangent curve having a radius of 343 . 04 feet; thence i
South 14 . 84 feet along a curve concave to the East through a central
angle of 2*28143" to the NW corner of the intersection of Mortensen
Parkway and Little Bluestem Court; thence Westerly 375 . 17 feet
along a curve concave to the NE having a radius of 370. 00 feet
through a central angle of 58°05145" to a P.T. , said curve being
the North side of Little Bluestem Court; thence Northerly 75. 09
feet along a curve with a radius of 50. 00 feet concave to the
East to a P.T./P.C. ; thence Northerly 18 . 71 feet along a curve
concave to the NW having a radius of 178. 24 feet; thence N 75000 ' E. ,
116 . 57 feet to a point (set with a 5/8" rebar and cap #5931) ;
thence S 15000 ' E. , 9. 0 feet to a point (set with a 5/8" rebar and
cap #5931) thence N 75°00" E. , 193. 22 feet to the Point of Beginning.
(P.O.B. )
BOOK eAGE � 1�--
! r
EXHIBIT "B"
TOWNHOUSE APPROXIMATE NUMBER OF NUMBER OF
LOT SQUARE FEET BEDROOMS BATHROOMS
Lot 1 1500 3 2 1/2
2 1332 3 1
" 3 1020 2 1
" 4 1224 2 1 1/2
" 5 1500 3 2 1/2
6 1332 3 1
7 1020 2 1
" 8 1224 2 1 1/2
9 1224 2 1 1/2
" 10 1040 2 1
11 1328 3 1
12 1500 3 2 1/2
" 13 1500 3 2 1/2
" 14 1328 3 1
15 1040 2 1
" 16 1328 3 1
17 1040 2 1
18 1224 2 1 1/2
In addition, every Townhouse also contains a kitchen, a full
basement, a two car garage and a living/dining room.
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